Penyelesaian Sengketa Pembiayaan Murabahah Pada Bank Syari'ah Indonesia Cabang Pembantu Kota Solok
ABSTRACT YULIS EDWRAD S.H.I. 2021. NIM. 2002021019 thesis title "Murabahah Financing Dispute Resolution at Bank Syariah Indonesia Solok City Sub-Branch". The research context in this thesis is that based on positive law in Indonesia, there are two forms of financing dispute resolution, namely non-litigation and litigation. According to Bank Indonesia Circular Letter Number 26/4/BPPP dated 29 May 1993, the settlement of financing disputes must first be rescheduling, reconditioning or restructuring before litigation dispute resolution. However, Bank BSI Solok Sub-Branch Office in an effort to resolve one of its financing disputes did not apply this but immediately took the litigation route registered at the Kotobaru Religious Court with case number 1/Pdt.GS/PA.Kbr/2024. This research aims to find out the form of murabahah financing disputes at Bank Syariah Indonesia Solok City Sub-Branch, the factors that cause Murabahah Financing disputes at Bank Syariah Indonesia Solok City Sub-Branch and to find out the settlement of murabahah financing disputes at Bank Syariah Indonesia Solok City Sub-Branch. The approach in this thesis research uses a qualitative approach, namely by developing various meanings about individuals and events by trying to realize in a harmonious context. The type of research is field research. Data collection techniques using in-depth interviews and documentation of several sources from Bank BSI Solok Sub-Branch Office and Kotobaru Religious Court. Data analysis techniques using data reduction, data presentation and drawing conclusions or verification. While testing the validity of the data used is the triangulation method. The findings of this study explain: (1) Case 1/Pdt.GS/PA.KBr is a financing dispute at Bank BSI KCP Solok which was resolved by litigation due to debtor default because he deliberately did not make monthly financing payments as agreed in the contract. (2) Factors causing the occurrence of sengekta in case 1/Pdt.GS/PA.KBr are caused by external factors. The external factor is a government policy that requires the payroll of civil servants where the debtor works to be required through the local BPD so that the debtor's instalment payments cannot be made by payroll. In addition, external factors also included the transfer of the debtor's duties to the West Sumatra province, as well as the covid pandemic which resulted in the debtor's income. These three factors eventually triggered the emergence of bad faith from the debtor to not make payments of financing instalments. (3) The settlement of financing disputes in Case 1/Pdt.GS/PA.KBr was carried out directly in litigation without going through the financing rescue procedure and non-litigation settlement efforts because the debtor lost contact with the bank so that the only way that could be taken was litigation. During the case, the bank and the debtor continued to communicate intensely in order to find an amicable solution. In the end, the case was revoked because they had found a win win solution by making a financing takoffer to Bank Nagari West Sumatra.